Section 124960 Of Part 4.5. Pain Patient's Bill Of Rights From California Health And Safety Code >> Division 106. >> Part 4.5.
124960
. The Legislature finds and declares all of the following:
(a) The state has a right and duty to control the illegal use of
opiate drugs.
(b) Inadequate treatment of acute and chronic pain originating
from cancer or noncancerous conditions is a significant health
problem.
(c) For some patients, pain management is the single most
important treatment a physician can provide.
(d) A patient suffering from severe chronic intractable pain
should have access to proper treatment of his or her pain.
(e) Due to the complexity of their problems, many patients
suffering from severe chronic intractable pain may require referral
to a physician with expertise in the treatment of severe chronic
intractable pain. In some cases, severe chronic intractable pain is
best treated by a team of clinicians in order to address the
associated physical, psychological, social, and vocational issues.
(f) In the hands of knowledgeable, ethical, and experienced pain
management practitioners, opiates administered for severe acute pain
and severe chronic intractable pain can be safe.
(g) Opiates can be an accepted treatment for patients in severe
chronic intractable pain who have not obtained relief from any other
means of treatment.
(h) A patient suffering from severe chronic intractable pain has
the option to request or reject the use of any or all modalities to
relieve his or her pain.
(i) A physician treating a patient who suffers from severe chronic
intractable pain may prescribe a dosage deemed medically necessary
to relieve pain as long as the prescribing is in conformance with
Section 2241.5 of the Business and Professions Code.
(j) A patient who suffers from severe chronic intractable pain has
the option to choose opiate medication for the treatment of the
severe chronic intractable pain as long as the prescribing is in
conformance with Section 2241.5 of the Business and Professions Code.
(k) The patient's physician may refuse to prescribe opiate
medication for a patient who requests the treatment for severe
chronic intractable pain. However, that physician shall inform the
patient that there are physicians who treat severe chronic
intractable pain with methods that include the use of opiates.